Bermuda Case Insights: Supreme Court Rulings Examine Due Process Rights And Judicial Independence

In two landmark judgments the Supreme Court of Bermuda has considered, for the first time, the constitutional protections available to a sitting judge facing serious criticism from an appellate court and the constitutional limits on the terms of a judge’s service. The proceedings were brought by a judge of the Supreme Court. She challenged the Court of Appeal’s criticism of her conduct, the referral of that criticism for disciplinary investigation, and the Chief Justice’s administration of her sick leave. Together the judgments affirm that the courts themselves are as amenable to constitutional scrutiny as any other public body and underscore the Chief Justice’s role in safeguarding judicial independence.